HomeMy WebLinkAboutRES 500 Draft 01 2006-2008 OFFICE INFORMATION ONLY
Meeting: Public Works and Intergovernmental Relations Committee (no meeting
date)
Action: Withdrawn per Comm. 946.1 (Brenda Ford)
Re: Res. 500 -08 (Comm. 946) (2006 -2008)
COUNTY OF HAWAII STATE OF HAWAII
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RESOLUTION NO. 5®® 08
A RESOLUTION TO AMEND THE RULES OF PROCEDURE AND ORGANIZATION
OF THE COUNCIL OF THE COUNTY OF HAWAII.
WHEREAS, the Rules of Procedure and Organization of the Council of the County of
Hawai `i ("the Rules") governs the affairs of the council; and
WHEREAS, as each new council begins its term of office, it adopts the Rules by
resolution; and
WHEREAS, the Rules was adopted by the current council via Resolution No. 04-06 on
December, 4, 2006; and
WHEREAS, the Rules was amended by the adoption of Resolution No. 55-07 and
Resolution No. 102-07, Draft 2, on February 22, 2007 and April 18, 2007, respectively; and
WHEREAS, the Rules was most recently amended by Resolution No. 443-07, Draft 2,
adopted on January 9, 2008; and
WHEREAS, the council wishes to further amend the Rules to facilitate effective and
efficient procedure and organization of the legislative branch of the County of Hawaii, and
WHEREAS, the council considers full disclosure of financial interests to be appropriate
to open government and the public good; and
WHEREAS, the council wishes to amend the Rules by amending Rule No. 12,
Disclosure of Interest, by: (1) adding a new section 2(b)(7) to further define "Financial interest"
to include campaign contributions, (2) adding a new item, section 5, to be titled and relating to
Campaign Contributions, and (3) renumbering the table of contents to reflect alterations to page
numbers resulting from these amendments; and
WHEREAS, these proposed amendments to Rule No. 12, Disclosure of Interest, are
contained within the attached document labeled "Exhibit A" and indicated by Ramseyer format,
whereby material to be deleted is bracketed and stricken through and material to be added is
underlined; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that the
Rules of Procedure and Organization of the Council of the County of Hawai 9 are hereby
amended as indicated by the attached document labeled "Exhibit A"; and
BE IT FINALLY RESOLVED that should the amendments to the Rules, as indicated
by and contained within "Exhibit A", be adopted by council, the Rules of Procedure and
Organization of the Council of the County of Hawai `i, as amended, shall be transmitted in full to
the County Clerk for reprographic purposes and dissemination to all appropriate parties.
Dated at , Hawaii, this day of , 2008.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii FORD
HIGA
I hereby certify that the foregoing RESOLUTION was by HOFFMANN
the vote indicated to the right hereof adopted by the COUNCIL of the IKEDA
County of Hawaii on
JACOBSON
NAEOLE
ATTEST: PILAGO
YAGONG
YOSHIMOTO
Reference: C-946~PWIRC
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 5 ~ Q
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"Exhibit A"
Proposed amendments to the Rules of Procedure and Organization of the Council of the
County of Hawai `i -Rule No. 12, Disclosure of Interest, read as follows (Ramseyer
format applied; material to be deleted is bracketed and stricken through, material to be
added is underlined):
"RULE NO. 12
DISCLOSURE OF INTEREST
1. Any member who has a substantial financial and/or personal interest,
direct or indirect, in any action proposed or pending before the Council or a Committee,
shall make full disclosure in writing to the Chairperson of such interest prior to the taking
of any vote thereon as provided by Section 14-3(a), Hawai`i County Charter.
2. Any member who has a substantial financial and/or personal interest
directly affected in any action proposed or pending before the Council or a Committee
shall refrain from deliberating on said action and shall be excused from voting on the
matter thereon.
(a) "Substantial" means an interest which is sufficient in magnitude
to influence one's official action, and should be determined based
on the totality of the circumstances.
(b) "Financial interest" means an interest held by a Council Member,
his or her spouse, or dependent children [ivhieh] that is
(1) an ownership interest in a business,
(2) a creditor interest in an insolvent business,
(3) an employment, or prospective employment, for which
negotiations have begun,
(4) an ownership interest in real or personal property,
(5) a loan or other debtor interest, [er]
(6) a directorship or officership in a business[:], or
a campai¢n contribution, for the Council Member's present
or anv future office, as required to be disclosed to the State
of Hawaii Campaign Spending Commission
Exhibit A
("commission") in its Disclosure Report (Schedule A -
Contributions).
3. Such written disclosure of financial or personal interest in any proposal
pending before the Council and its Committees, shall be recorded in the minutes of the
meetings of the Council and its Committees, and shall be made a matter of public record
prior to the taking of any vote on such proposal as provided in Section 14-3(b), Hawai`i
County Charter. Such written disclosure shall be applicable to all subsequent actions
relating to the same subject matter.
4. Prior to any vote in the Council or a Committee on a proposal for which
the Council Member has made a written disclosure of a financial or personal interest, the
Council Member shall also orally disclose the interest to the Council or Committee after
each motion and second on the proposal, but before the commencement of debate on the
motion or, if there is no debate, before the calling of the question on the motion.
5. Disclosure of Campaien Contributions.
~ Disclosure Reports. Council Members shall provide a list of
campaign contributions as reported to the commission on its
Disclosure Report (Schedule A -Contributions) to the County
Clerk. Each Council Member shall provide Disclosure Reports
throu¢hout the respective term(s) of office as follows:
If elected in a council election prior to the 2006 election
cycle and re-elected in the 2006 election cycle or later
election cycle(s), Disclosure Reports complvine with the
commission's requirements shall be provided beeinning
with each campaign cycle entered, but no Disclosure
Reports are required eazlier than Februazv 1, 2006, or
If elected in the 2006 or later election cycle(s), Disclosure
Reports complyin¢ with the commission's reauirements
shall be provided be ig nning with each election cycle
entered;
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Exhibit A
All campaign sending reports shall be in the format of a
Disclosure Report;
For the purpose of the Disclosure Report(s), each
contribution of $100.00 or more shall be disclosed;
To initiate section 5.(a), current Council Members shall
deliver a copy of their historic campaign Disclosure
Reports for the 2006 election cycle from the date required
by the commission to report contributions and expenditures
through January 31, 2008 to the County Clerk by March 31,
2008; and
For Council Members taking office as a result of the 2008
election cycle or later election cycle(s), a copy of their
campaign Disclosure Reports for the election cycle
immediately concluded shall be delivered to the County
Clerk within 30 days of their inauguration. Thereafter,
Council Members shall follow Rule 12, section 5. (a) (2)
through (6) in disclosing campaign contributions.
Interim Reports. Interim Reports of campaign contributions shall
be provided to the County Clerk by Council Members and shall
cover successive time periods between CommitteelCouncil
meeting sequences until a Disclosure Report replaces the Interim
Re orts.
An initial Interim Report shall begin from the day after a
Disclosure Report is due to the commission and continue to
the date of the next deadline for public notification of a
Committee/Council meeting seauence. (A
Committee/Council meeting sequence are the scheduled
dates for Committee and Council meetin s in a given week.
The seauence does not include emergency meetin*s or
public hearings.)
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Exhibit A
~2,~ Each successive Interim Report shall start from the day
after the past deadline for public notification of a
Committee/Council meeting sequence and continue to the
next deadline for public notification of each
Council/Committee meeting sequence throughout the
Council Member's term(s);
Interim Reports shall be in the format of a Disclosure
Report or a standardized spreadsheet provided by the
Leeislative Reseazch Branch;
Interim Reports shall be maintained until replaced by a
Disclosure Report;
For the purpose of the interim reports, each contribution of
$100.00 or more shall be disclosed; and
To initiate Rule 12, section 5.(b), current Council Members
shall deliver successive Interim Reports from and including
February 1, 2008 onward, and Council Members elected or
re-elected in election cycles after the 2006 election cycle
shall provide their initial Interim Reports within 30 days of
their inauguration and continue providing Interim Reports
throuehout their term of office.
~ The County Clerk shall provide to each Council/Committee
Member prior to each Committee/Council seauence a binder
containine:
A sepazate section for each Council Member;
X2,2 All previous campaign Disclosure Reports in the format
required by the commission;
Interim report(s) that shall remain as part of the Council
Member's section until the Interim Reports) are replaced
by a more current Disclosure Report;
A "Read Onl~py to be shared at each Council or
Committee sequence bv:
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Exhibit A
the news media (one copy), and
~B the public (one copy).
Prior to discussion of an agendized item where a campaign
contribution was received by a Committee/Council Member or the
Member's campaign committee from any contributor that may be
impacted by a decision of the Council or one of its Committees on
that agendized item, the affected Council Member shall verbally
disclose to the Council or Committee:
the name of the campaign contributor and the amount of the
contribution where the contribution equals or exceeds
$100.00 or more; or
the names of the campaign contributors and the aggregate
amount of the contributions that equal or exceed $100.00
where such contributions are received from:
a business where multiple employees, officers,
and/or directors of the same business or their family
members (as defined in section 2.(b) above) of
those employees, officers, or directors contribute to
a Council Member's campaign;
apolitical action committee;
apolitical committee as defined in HRS &11-191;
a noncandidate committee as defined in HRS &11-
191; or
a designated central committee (as defined in
"Campaign Spending Law", State of Hawaii,
Campaign Spending Commission, January 2006,
1& 1.197).
~ The County Clerk shall maintain campaign Disclosure Reports,
and Interim Reports not already replaced by Disclosure Reports, in
the Council Member's respective binders for as lone as the Council
Member serves on the County Council. When the Council
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Exhibit A
Member leaves the Council, the County Clerk shall archive the
campaign disclosure information in the event that anv Council
Member returns to the Council and serves additional terms, when
at that time, the archived campaign Disclosure Reports for the
returning Council Member shall be replaced in the binders for all
Council Members, the public, and the news media."
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